Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-04-15

APPLICATION yoR PArxsT.
where papers have once been hled with the
Register and Receiver they become Q part Of
the record, and can neither be Withdrawn nor
returned. but must be transmitted 10 the Gen
An application Will be rejected when the
scription OF the premises is erroneous or
sufhcient.
Application for patent will be rejected be-
cause:
First The notice was published without the |
knowledge Of the Register,
Second-Ihe notice was not published in q |
new paper designsted - published nearest the
claim.
T-hird-Record title was found defective,
and
Fourth--A previous application had been
made for the game premises, which wss with
drawn pending . suit in Court commenced By
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord
anee with law.
tinct portions Of . claim, application for
patent may be made BY either for a at portion
Of the clRim owned by him but where several
parties own undivided interests in . mining
claim all should Join In an application for a
patent.
4 person or association nay asa as
many placer locations - the local law admits.
and embrace them ell In one application for 9
patent.
Two or more lodes cannot be embraced in
one application for . patent except for placer
claims embracing two or more lodee within
their boundaries
Papers sworn to before any person purport-
ing 10 act IS 8 deputy for the Register and Be
ceiver cannot be recorded 90 eyidence.
In all patents for mining claims situated
within the interior boundaries Of q town site
. clause 10 Inserted excepting and excluding
all town property, rights upon the surface,
and all houses. buildings, structures. lots.
blocks. streets, alleys or other municipal I'm
proyernens not belonging 70 the grantee here
in, and ali rights Necessary or proper to the
occup.aon. possession and enjoyment OF the
same"
Publication Of notice must be made o only
one newspaper for the period Of co days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
~reyspspsrs 60 days must slkpse between the
nrst and last insertions.
where the Register d esig On stes the daily issue
Of Q newspaper fer publication Of notices Of q
mining application for patent 1T is not 9 com-
pliance with Law 20 change 10 the weekly edi-
lion OF the same paper without authority Of
the Register.
The existence Of o salt spring on q tract Of
land withdraws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
CuhfnElcf VI sAIA lzu0 IL Uot hllQWEQ. LAM
containing valuable deposits Of slate may oe
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file . separate and
distinct claim sgainst each application which
IL ia slleged conflicts with the premises owned
by euch adverse claimant.
The papers In an adverse claim, once fled.
cannot be Withdrawn. but becomes q part OF the
record.
When an .axsrsa eI.tu h.s ha.r sl~s
not be amended so as to embrace e larger per.
ton Of the premises than thss described in the
original adverse claim.
An adverse claim must be made ont in
proper form and hled in the proper local once
during the period Of publication Of the appli-
cation for the patent to be effective.
1t 10 the duty of the adverse claimant o
suit IN proper form within the re-
CURED time. and II be trusts the uncertain
medium Of the United States mail he must
abide the consequence. should the Delay
ensue, through misfortune or accident. Should
the failure to suit be the result OF
the cor rupt or dishonest action of his attorney.
the interisr Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement IN general terms, embody.
ing conclusions Of law. without stating the
facts specially, Will not be considered In evil
dence.
An adverse claimant should show q compli.
ance with the local laws In recording his claim
and in regard TO expenditures. and shall nie q
copy Of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to q suit that they
compose The company 10 sufficient, and they
are not required TO prove that they are tn.
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LAsps.
Where land is of little. II any value, for sRri.
cultural purposes. but 10 essential 10 the
proper development Of mining claims, IL
should be disposed of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled ~ sny time
prior TO issuance Of patent. upon satisfactory
evidence OF the existence OF such valuable de-
posts.
Where valuable deposits Of mineral are dis.
covered upon Q tract sfter the Sane ,as been
entered - agricultural. but before I Aent has
been issued. the parties claiming the min
may make application for patent for same.
and the agricultural entry will be cancelled 10
that portion of the land embraced By said
mining claim.
Where mineral deposits are discovered on
agric9ltural lands after the patent has been
fssued TO On AGRICULTURAL 70 thsy pass
with the patent.
Agricultural College scrip cannot be
oeived In payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF IL. provided he becomes 4 citizen
before disposing OF the mine. Proof that the
party was not 9 citizen before disposine Of his
claim must be afirmatively shown.
Locators and intermediate owners. other
than applicants. will not be presumed aliens,
In the absence OF allegation or objection prior
TO issuance Of patent.
The portion OF . mining claim sold 10 an
alien cannot be patented while suoh owner ii
an alien; but on hts declsratoni 0 become .
citizen his right dates back to his purchase,
oud ne may thereupon secure United States
patent for his claim.
CROSS LKD0Ks.
Revised Statutes. Section 2,336:
Wnere " or more led ges cross or intersect
escn otner, priority Of title shall govern, and
sucn prior loestion shall be entitled to all ore
or mineral eont.ined within the space Of inter.
section. but the subsequent location shall have
the right OF way through the space Of inter
section Tor the purpose Of the convenient
WORKING OF the mine. And where two or more
veins unite the Oldest or prior location shall
tske the vein below the point Of union, I'm
ciuding all the space OF intersection.
~UNNEL
Tbara ts No So -.